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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

American Petrofina, Inc. v. Dorchester Gas Corp.

This case involves an appeal by American Petrofina, Inc. (Fina) seeking contractual indemnity from Dor-chester Gas Corporation after Fina settled a personal injury claim with Don Rhea, a Dorchester employee. Rhea was injured at a refinery that Fina had sold to Dorchester. The trial court had ruled against Fina, concluding that the indemnity clause in their sales agreement was insufficient and that Fina's $300,000 settlement with Rhea was unreasonable. The appellate court reversed this decision, finding that the indemnity clause clearly and unequivocally required Dorchester to indemnify Fina under Texas law, specifically article 8306, section 3(d) of the Texas Workers’ Compensation Act. The court also determined that the settlement amount and Fina's incurred attorney's fees of $19,489.73 were reasonable, ultimately rendering judgment in favor of Fina for $319,489.73.

contractual indemnitypersonal injury claimworkers' compensation actsales agreementrefinery operationssettlement reasonablenessattorney's feesexpress assumption of liabilityclear and unequivocal termstort liability
References
4
Case No. ADJ1817132 (VNO 0556434)
Regular
Jun 22, 2012

JESUS MORAN vs. SANTA CLARITA CONCRETE, ACE AMERICAN INSURANCE CO c/o ESIS

The Appeals Board dismissed ACE American Insurance's Petition for Reconsideration because it was not filed against a final order. However, the Board granted ACE's Petition for Removal, rescinded the order denying joinder, and returned the case to the trial level for a hearing on the joinder issue. This decision provides ACE due process to present its evidence and arguments regarding joinder, and requires notice and an opportunity to be heard for the party ACE seeks to join. The Board's decision does not prejudice the merits of the joinder petition itself.

Petition for ReconsiderationPetition for RemovalPetition for JoinderOrder Denying Petition for JoinderOrder Approving Compromise and ReleaseDate of InjuryEquitable IndemnityReimbursementDue DiligenceSupplemental Petition
References
0
Case No. ADJ17263528
Regular
Oct 07, 2025

Jessica Hartnett vs. County of Kern, State of California, Department of Corrections

The Workers' Compensation Appeals Board considered a petition for removal filed by defendant SCIF, contesting a joinder order issued by the workers' compensation administrative law judge on October 15, 2024. Defendant claimed the joinder was inappropriate due to a lack of service. The Board emphasized that removal is an extraordinary remedy and found that the petitioner did not demonstrate substantial prejudice or irreparable harm. Consequently, the Board dismissed the Petition for Removal, directing the WCJ to treat it as a petition to set aside the joinder and schedule a hearing to establish a record for determining the joinder's appropriateness.

Petition for RemovalOrder of JoinderWorkers' Compensation Appeals BoardWCJSubstantial PrejudiceIrreparable HarmReconsiderationPetition to Set Aside JoinderContinuing JurisdictionLabor Code Section 5803
References
6
Case No. ADJ7756785
Regular
Nov 02, 2013

MAHIN BARAB vs. MACY'S LOGISTICS AND OPERATIONS

This case involves Macy's seeking removal of a trial setting order due to a defective Declaration of Readiness (DOR). Macy's argued the DOR was improperly served and failed to provide for a medical evaluation under Labor Code section 4061(i). The Workers' Compensation Appeals Board (WCAB) granted the removal petition, rescinded the trial setting, and returned the case to the trial level. The WCAB adopted the WCJ's report, which agreed with Macy's contentions regarding the defective DOR and lack of proper service.

Petition for RemovalDeclaration of Readinessdefective DORLabor Code section 4061(i)service requirementsMinute Orderrescindedtrial levelWorkers' Compensation Appeals BoardWCJ
References
0
Case No. ADJ7640191
Regular
Nov 23, 2020

GLORIA MARIN vs. TRI-STATE EMPLOYMENT SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, LUMBERMAN'S UNDERWRITING ALLIANCE

The Workers' Compensation Appeals Board (WCAB) granted CIGA's petition for reconsideration, overturning a prior ruling that denied joinder of another employer. The WCAB held that Labor Code section 5804 does not prevent the joinder of additional parties or employers after a settlement, and CIGA is not attempting to alter a prior award. The case is returned to the trial level for joinder of all appropriate parties and further proceedings. The WCAB also clarified that CIGA's liability is limited by Insurance Code section 1063.1 and subsequent case law, which prohibits apportionment of liability between CIGA and other insurers for certain benefits.

CIGALumberman's Underwriting AllianceliquidationLabor Code section 5804joinderCompromise and Releaselien claimsother insurancecovered claimsapportionment
References
9
Case No. 13-02-00278-CV / 13-02-00354-CV
Regular Panel Decision

Texas Mutual Insurance Co. v. East Side Surgery Center, Inc.

This case involves an appeal consolidating two challenges regarding the proper joinder of parties in a lawsuit. Robert S. Howell, D.C., First Rio Valley Medical, P.A., and eight other medical service providers (appellees) initially filed suit in Cameron County, Texas, seeking class certification to recover statutory late fees from various insurance companies (appellants). These late fees were allegedly due on medical bills paid more than sixty days after receipt, as per the worker's compensation scheme. Appellants contested the joinder of the appellees, arguing it was improper under section 15.003(a) of the civil practice and remedies code, and also claimed unfair prejudice, lack of essential need, and inconvenient venue. The appellate court affirmed the trial court's ruling, concluding that joinder was proper under the Texas Rules of Civil Procedure, appellants were not unfairly prejudiced, there was an essential need for the claims to be tried in Cameron County due to potential for inconsistent rulings with other class actions, and Cameron County constituted a fair and convenient venue.

JoinderVenueClass ActionWorkers' CompensationInsurance LawCivil ProcedureAppellate ReviewTexas LawStatutory InterpretationLate Fees
References
14
Case No. VNO 0531326
Regular
Jan 28, 2008

MARGARET PORRAS vs. MACY'S DEPARTMENT STORES, FEDERATED CLAIMS SERVICES

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration as interlocutory procedural orders are not final and thus not subject to reconsideration. The Board also denied the defendant's petition for removal, finding no evidence of irreparable harm and that the defendant failed to provide sufficient proof to support joinder of a concurrent employer. The defendant may refile for joinder with proper supporting evidence.

WCABPetition for ReconsiderationDenying RemovalPetition for JoinderConcurrent EmployerCumulative InjuryBilateral WristsIrreparable HarmQualified Medical EvaluatorInterlocutory Order
References
7
Case No. ADJ587312 (LAO 0832831)
Regular
Dec 12, 2017

RAMIRO ZAPATA JIMENEZ vs. LUIS ARAGON, MARCOS BOLANOS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Court of Appeal overturned the Workers' Compensation Appeals Board's decision to affirm the joinder of defendant Marco Bolanos. The Court found Bolanos was a statutory employer but that his joinder was barred by the statute of limitations (Labor Code § 5405), with no grounds for tolling. Consequently, the Board amended its prior award to dismiss Bolanos as a defendant while affirming the original findings and award against Luis Aragon.

RemittiturStatute of LimitationsLabor Code section 5405Conclusive Statutory EmployerLabor Code section 2750.5Cedillo v. Workers' Comp. Appeals Bd.Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd.Reynolds v. Workmen's Comp. Appeals Bd.TollingUninsured Employers Benefits Trust Fund
References
3
Case No. LAO 855288, LAO 826074
Regular
Jul 18, 2008

BEATRIZ CARDENAS vs. SUPERIOR SUPER WAREHOUSE, EVEREST NATIONAL INSURANCE

The Workers' Compensation Appeals Board granted removal and reversed an order that denied the joinder of Zurich American Insurance as a party defendant. The Board found that Everest established a sufficient basis for joining Zurich in the cumulative trauma case based on WCIRB documents indicating Zurich provided coverage during the injury period. Reconsideration was dismissed as the order denying joinder was not a final determination.

JoinderRemovalReconsiderationWCABWCJCumulative TraumaContributionInsurer CoverageCompromise and ReleaseDeclaration of Readiness
References
0
Case No. ADJ9699614
Regular
Nov 28, 2016

KALILEA TAFENGATOTO vs. STATE OF CALIFORNIA-IHSS

The Appeals Board granted removal of an Order taking a matter off calendar regarding California Insurance Company's (CIC) joinder. CIC was improperly joined as a defendant, and its timely objection was voided without a hearing, denying due process. This deprivation caused significant prejudice and irreparable harm, making reconsideration an inadequate remedy. The matter is returned to the trial level for further proceedings on CIC's joinder.

Petition for RemovalOrder Taking Off CalendarJoinder OrderJoint EmploymentObjectionGood CauseDue ProcessFair HearingReconsiderationRescind
References
2
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